Journal 02, 1850-September 15, 1851: The Writings of Henry David Thoreau, Volume 08 (of 20)Thoreau, Henry David
Religion
Journal 02, 1850-September 15, 1851: The Writings of Henry David Thoreau, Volume 08 (of 20)
Thoreau, Henry David
Authors, American -- 19th century -- Diaries; Thoreau, Henry David, 1817-1862 -- Diaries
I hear a good deal said about trampling this law under foot. Why, one
need not go out of his way to do that. This law lies not at the level
of the head or the reason. Its natural habitat is in the dirt. It was
bred and has its life only in the dust and mire, on a level with the
feet; and he who walks with freedom, unless, with a sort of quibbling
and Hindoo mercy, he avoids treading on every venomous reptile, will
inevitably tread on it, and so trample it under foot.
It has come to this, that the friends of liberty, the friends of the
slave, have shuddered when they have understood that his fate has been
left to the legal tribunals, so-called, of the country to be decided.
The people have no faith that justice will be awarded in such a case.
The judge may decide this way or that; it is a kind of accident
at best. It is evident that he is not a competent authority in so
important a case. I would not trust the life of my friend to the judges
of all the Supreme Courts in the world put together, to be sacrificed
or saved by precedent. I would much rather trust to the sentiment of
the people, which would itself be a precedent to posterity. In their
vote you would get something worth having at any rate, but in the other
case only the trammelled judgment of an individual, of no significance,
be it which way it will.
I think that recent events will be valuable as a criticism on the
administration of justice in our midst, or rather as revealing what
are the true sources of justice in any community. It is to some extent
fatal to the courts when the people are compelled to go behind the
courts. They learn that the courts are made for fair weather and for
very civil cases.[157]
[Two pages missing.]
let us entertain opinions of our own;[158] let us be a town and not
a suburb, as far from Boston in this sense as we were by the old road
which led through Lexington; a place where tyranny may ever be met with
firmness and driven back with defeat to its ships.
Concord has several more bridges left of the same sort, which she is
taxed to maintain. Can she not raise men to defend them?
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